Township of Montville, NJ
Morris County
[HISTORY: Adopted by the Township Committee of the Township of Montville as indicated in article histories. Amendments noted where applicable.]

ARTICLE I
Hotel and Motel Room Occupancy Tax (§ 337-1 — § 337-5) 

[Adopted by Ord. No. 2003-43 (Ch. 5.70 of the 1998 Code)]

§ 337-1
Purpose. 

§ 337-2
Establishment of hotel and motel room occupancy tax. 

§ 337-3
Tax in addition to other fees. 

§ 337-4
Responsibility for payment of tax; assumption and absorption prohibitions; violations and penalties. 

§ 337-5
Collection of tax. 

§ 337-1 Purpose.

It is the purpose of this chapter to implement the provisions of P.L. 2003, c. 114,

Editor's Note: See N.J.S.A. 40:48F-1 et seq.
which authorizes the governing body a municipality to adopt an ordinance imposing a tax at a uniform percentage rate not to exceed 1% on charges of rent for every occupancy on or after July 1, 2003, but before July 1, 2004, and not to exceed 3% on charges of rent for every occupancy on or after July 1, 2004, of a room or rooms in a hotel subject to taxation pursuant to Subsection (d) of Section 3 of P.L. 1966, c. 40 (N.J.S.A. 54:32B-3) which shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon the occupancy of a hotel room.

§ 337-2 Establishment of hotel and motel room occupancy tax.

There is hereby established a hotel and motel room occupancy tax in the Township of Montville which shall be fixed at a uniform percentage rate of 1% on charges of rent for every occupancy of a hotel or motel room in the Township of Montville on or after July 1, 2003, but before July 1,2004, and 3% on charges of rent for every occupancy of a hotel or motel room in the Township of Montville on or after July 1, 2004, of a room or rooms in a hotel subject to taxation pursuant to Subsection (d) of Section 3 of P.L. 1966, c. 40, N.J.S.A. 54:32B-3 (sales tax).

§ 337-3 Tax in addition to other fees.

The hotel and motel room occupancy tax shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon the occupancy of a hotel room.

§ 337-4 Responsibility for payment of tax; assumption and absorption prohibitions; violations and penalties.

In accordance with the requirements of P.L. 2003, c. 114:

A. 

All taxes imposed by this chapter shall be paid by the purchaser.

B. 

A vendor shall not assume or absorb any tax imposed by this chapter.

C. 

A vendor shall not in any manner advertise or hold out to any person or to the public in general, in any manner, directly or indirectly, that the tax will be assumed or absorbed by the vendor, that the tax will not be separately charged and stated to the customer, or that the tax will be refunded to the customer.

D. 

Each assumption or absorption by a vendor of the tax shall be deemed a separate offense and each representation or advertisement by a vendor for each day that the representation or advertisement continues shall be deemed a separate offense.

E. 

Any person, firm or corporation violating the foregoing provisions of this article shall be subject to such penalties as are provided for in Chapter 1, Article III, General Penalty.

[Amended 2-28-2006 by Ord. No. 2006-09]

§ 337-5 Collection of tax.

The tax imposed by this chapter shall be collected on behalf of the Township by the person collecting the rent from the hotel or motel customer. Each person required to collect the tax herein imposed shall be personally liable for the tax imposed, collected or required to be collected hereunder. Any such person shall have the same right in respect to collecting the tax from a customer as if the tax were a part of the rent and payable at the same time; provided that the Chief Financial Officer of the Township shall be joined as a party in any action or proceeding brought to collect the tax.